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§1903.19 (b)
* Abatement verification
1903
Inspections, Citations,
and Proposed Penalties
5
that the proposed penalty shall be deemed to be the final order of
the Review Commission and not subject to review by any court or
agency unless, within 15 working days from the date of receipt of
such notice, the employer notifies the Area Director in writing that
he intends to contest the citation or the notification of proposed
penalty before the Review Commission.
[§1903.15(a)]
(b)
The Area Director shall determine the amount
of any pro-
posed penalty, giving due consideration to the appropriateness of
the penalty with respect to the size of the business of the
employer being charged, the gravity of the violation, the good faith
of the employer, and the history of previous violations, in accor-
dance with the provisions of section 17 of the Act.
[§1903.15(b)]
(c) Appropriate penalties may be proposed
with respect to an
alleged violation even though after being informed of such alleged
violation by the Compliance Safety and Health Officer, the
employer immediately abates, or initiates steps to abate, such
alleged violation. Penalties shall not be proposed for de minimis
violations which have no direct or immediate relationship to safety
or health.
[§1903.15(c)]
§1903.16
Posting of citations
(a) Upon receipt of any citation under the Act,
the employer shall
immediately post such citation, or a copy thereof, unedited, at or
near each place an alleged violation referred to in the citation
occurred, except as provided below. Where, because of the nature
of the employer's operations, it is not practicable to post the citation
at or near each place of alleged violation, such citation shall be
posted, unedited, in a prominent place where it will be readily
observable by all affected employees. For example, where employ-
ers are engaged in activities which are physically dispersed (see
§1903.2(b)), the citation may be posted at the location to which
employees report each day. Where employees do not primarily
work at or report to a single location (see §1903.2(b)), the citation
may be posted at the location from which the employees operate to
carry out their activities. The employer shall take steps to ensure
that the citation is not altered, defaced, or covered by other mate-
rial. Notices of de minimis violations need not be posted.
[§1903.16(a)]
(b) Each citation, or a copy thereof,
shall remain posted until the
violation has been abated, or for 3 working days, whichever is
later. The filing by the employer of a notice of intention to contest
under §1903.17 shall not affect his posting responsibility under
this section unless and until the Review Commission issues a final
order vacating the citation.
[§1903.16(b)]
(c) An employer to whom a citation has been issued
may post a
notice in the same location where such citation is posted indicat-
ing that the citation is being contested before the Review Commis-
sion, and such notice may explain the reasons for such contest.
The employer may also indicate that specified steps have been
taken to abate the violation.
[§1903.16(c)]
(d) Any employer failing to comply with the provisions
of para-
graphs (a) and (b) of this section shall be subject to citation and
penalty in accordance with the provisions of section 17 of the Act.
[§1903.16(d)]
§1903.17
Employer and employee contests
before the Review Commission
(a)
Any employer to whom a citation or notice
of proposed pen-
alty has been issued may, under section 10(a) of the Act, notify the
Area Director in writing that he intends to contest such citation or pro-
posed penalty before the Review Commission. Such notice of inten-
tion to contest shall be postmarked within 15 working days of the
receipt by the employer of the notice of proposed penalty. Every notice
of intention to contest shall specify whether it is directed to the citation
or to the proposed penalty, or both. The Area Director shall immedi-
ately transmit such notice to the Review Commission in accordance
with the rules of procedure prescribed by the Commission.
[§1903.17(a)]
(b) Any employee or representative of employees
of an employer
to whom a citation has been issued may, under section 10(c) of
the Act, file a written notice with the Area Director alleging that the
period of time fixed in the citation for the abatement of the violation
is unreasonable. Such notice shall be postmarked within 15 work-
ing days of the receipt by the employer of the notice of proposed
penalty or notice that no penalty is being proposed. The Area
Director shall immediately transmit such notice to the Review
Commission in accordance with the rules of procedure prescribed
by the Commission.
[§1903.17(b)]
§1903.18
Failure to correct a violation for which a
citation has been issued
(a) If an inspection discloses that an employer has failed to cor-
rect
an alleged violation for which a citation has been issued
within the period permitted for its correction, the Area Director
shall, if appropriate, consult with the Regional Solicitor, and he
shall notify the employer by certified mail or by personal service
by the Compliance Safety and Health Officer of such failure and
of the additional penalty proposed under section 17(d) of the Act
by reason of such failure. The period for the correction of a viola-
tion for which a citation has been issued shall not begin to run
until the entry of a final order of the Review Commission in the
case of any review proceedings initiated by the employer in good
faith and not solely for delay or avoidance of penalties.
[§1903.18(a)]
(b) Any employer receiving a notification of failure to correct a
violation
and of proposed additional penalty may, under section
10(b) of the Act, notify the Area Director in writing that he intends
to contest such notification or proposed additional penalty before
the Review Commission. Such notice of intention to contest shall
be postmarked within 15 working days of the receipt by the
employer of the notification of failure to correct a violation and of
proposed additional penalty. The Area Director shall immediately
transmit such notice to the Review Commission in accordance
with the rules of procedure prescribed by the Commission.
[§1903.18(b)]
(c) Each notification of failure to correct a violation
and of pro-
posed additional penalty shall state that it shall be deemed to be
the final order of the Review Commission and not subject to
review by any court or agency unless, within 15 working days
from the date of receipt of such notification, the employer notifies
the Area Director in writing that he intends to contest the notifica-
tion or the proposed additional penalty before the Review Com-
mission.
[§1903.18(c)]
§1903.19
Abatement verification
Purpose. OSHA's inspections are intended to result in the abate-
ment of violations of the Occupational Safety and Health Act of 1970
(the OSH Act). This section sets forth the procedures OSHA will use
to ensure abatement. These procedures are tailored to the nature of
the violation and the employer's abatement actions.
[§1903.19]
(a) Scope and application.
This section applies to employers who
receive a citation for a violation of the Occupational Safety and
Health Act.
[§1903.19(a)]
(b) Definitions.
[§1903.19(b)]
(1)
Abatement
means action by an employer to comply with a
cited standard or regulation or to eliminate a recognized haz-
ard identified by OSHA during an inspection.
(2)
Abatement date
means:
(i)
For an uncontested citation item,
the later of:
[§1903.19(b)(2)(i)]
[A]
The date in the citation for abatement of the violation;
[§1903.19(b)(2)(i)[A]]
[B]
The date approved by OSHA
or established in litigation
as a result of a petition for modification of the abate-
ment date (PMA); or
[§1903.19(b)(2)(i)[B]]
[C]
The date established in a citation
by an informal settle-
ment agreement.
[§1903.19(b)(2)(i)[C]]
(ii)
For a contested citation item
for which the Occupational
Safety and Health Review Commission (OSHRC) has
issued a final order affirming the violation, the later of:
[§1903.19(b)(2)(ii)]
[A]
The date identified
in the final order for abatement; or
[§1903.19(b)(2)(ii)[A]]
[B]
The date computed
by adding the period allowed in
the citation for abatement to the final order date;
[§1903.19(b)(2)(ii)[B]]
[C]
The date established
by a formal settlement agree-
ment.
[§1903.19(b)(2)(ii)[C]]
(3)
Affected employees
means those employees who are
exposed to the hazard(s) identified as violation(s) in a cita-
tion.
(4)
Final order date
means:
(i)
For an uncontested citation item,
the fifteenth working day
after the employer's receipt of the citation;
[§1903.19(b)(4)(i)]